Miscellaneous Provisions Act Justice (1)

Original Language Title: Loi portant des dispositions diverses en matière de justice (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2012009533&caller=list&article_lang=F&row_id=1300&numero=1399&pub_date=2012-12-31&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2012-12-31 Numac: 2012009533 SERVICE PUBLIC FÉDÉRAL JUSTICE 31 December 2012. -Miscellaneous Provisions Act Justice (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -Amendments to the legislation to the courts of appeal and General flooring Section 1st temporary executives. -Amendments to the Act of 29 November 2001 laying down a temporary framework of advisers to the judicial backlog in the courts of appeal art. 2. in article 2 of the Act of 29 November 2001 laying down a temporary framework consulting to the backlog in the courts of appeal, as amended by the Act of 28 December 2011 various provisions Justice (I), the words "of eleven years' are replaced by the words" twelve years".
S. 3. in article 3, paragraph 1, of the Act, as amended, as last amended by Act of 28 December 2011 on various provisions (I) justice, "of eleven years' shall be replaced by the words" twelve years ".
Section 2. -Amendments to the law of 14 December 2004 amending the law of April 3, 1953, of judicial organization, the law of 2 July 1975 determining the framework of personnel of the courts of first instance and article 211 of the Code of judicial procedure art. 4. in article 8 of the law of 14 December 2004 amending the law of April 3, 1953, of judicial organization, the law of 2 July 1975 determining the framework of personnel of the courts of first instance and article 211 of the Judicial Code, as amended by the Act of 28 December 2011 various provisions (I) justice , '2012' is replaced by the figure '2013 '.
S. 5. in article 9 of the Act, as amended by Act of 28 December 2011 on various provisions on justice (I), the figure '2012' is replaced by '2013 '.
Section 3. -Amendments to the Act of 10 August 2005 amending the law of April 3, 1953, of judicial organization and temporarily authorising the appointment of magistrates in excess, with regard to the Court of appeal of Ghent art. 6. in article 3 of the law of August 10, 2005 amending the law of April 3, 1953, of judicial organization and temporarily authorising the appointment of magistrates in excess, with regard to the Court of appeal of Ghent, as amended by the Act of 28 December 2011 various provisions on justice (I), the figure '2012' is replaced by '2013 '.
S. 7. in section 4 of the Act, as amended by the Act of 28 December 2011 laying down various provisions on justice (I), the figure '2012' is replaced by '2013 '.
S.
8. in article 5 of the Act, as amended by the Act of 28 December 2011 laying down various provisions on justice (I), the figure '2012' is replaced by '2013 '.
Section 4. -Amendment of the law of 20 December 2005 amending various provisions on justice s. 9. in article 8 of the law of 20 December 2005 various provisions on justice, last amended by the Act of December 28, 2011 bearing of various provisions on justice (I), the figure '2012' is replaced by '2013 '.
Section 5. -Amendments to the law of March 12, 2007 amending the Act of April 3, 1953, of organization of the judiciary with regard to the Court of appeal of Mons and the Court of first instance of Ghent and temporarily authorising the appointment of magistrates in excess, with regard to the Court of appeal of Mons art.
10. in articles 4 and 5 of the Act of 12 March 2007 amending the Act of April 3, 1953, of organization of the judiciary with regard to the Court of appeal of Mons and the Court of first instance of Ghent and temporarily authorising the appointment of magistrates in excess, with regard to the Court of appeal of Mons, amended by the law of 28 December 2011 various provisions (I) justice , '2012' is every time replaced by the figure '2013 '.
Section 6. -Entry into force art. 11. except in relation to products from the first section that produce their effects on December 18, 2012, the present le present chapitre chapter enter into force January 1, 2013.
CHAPTER 3. -Increase in executives of first instance courts and Prosecutor's offices of the Prosecutor of the King in the context of the immediate appearance and the fight against fiscal fraud art. 12. in table III 'Trial courts' annexed to the law of April 3, 1953, of judicial organization, as last amended by the law of March 12, 2007, the following changes are made to the 'Judges' column: 1 ° at the siege of Antwerp the "51" number is replaced by the figure '52 '.
2 ° to the seat of Hasselt the number '15' is replaced by the number "16".
3 ° at the Leuven Headquarters the number "16" is replaced by "17."
4 ° at the headquarters of Nivelles sales '14' is replaced by '15 ';
5 ° to the siege of Ghent the number "32" is replaced by '33 '.
6 ° to the siege of Bruges the number '21' is replaced by '22;
7 ° to the siege of Liège the number "38" is replaced by '39 '.
8 ° to the seat of Arlon the digit '5' is replaced by '6 '.
9 ° to the siege of Namur the number "13" is replaced by "14";
10 ° to the siege of Charleroi the number "32" is replaced by '33 '.
S. 13. pending fixing of executives and executives language on the basis of the measurement of the workload of the folders in the language by means of a uniform registration system, two judges are appointed in excess to the Court of first instance of Brussels which one belongs to the French framework and a Dutch-speaking framework.
S. 14. in table III 'Trial courts' annexed to the Act, as last amended by the law of March 12, 2007, the following changes are made to column «Crown of the King»: 1 ° at the siege of Antwerp the number "55" is replaced by "57";
2 ° to the seat of Hasselt the number "16" is replaced by "17."
3 ° at the Leuven Headquarters sales '17' is replaced by '18 '.
4 ° to the seat of Nivelles the number '15' is replaced by the number "16".
5 ° to the siege of Ghent the number "35" is replaced by "37".
6 ° at the headquarters of Bruges the number '24' is replaced by '25 '.
7 ° to the siege of Liège the figure '41' is replaced by '43 ';
8 ° to the seat of Arlon the digit '5' is replaced by '6 '.
9 ° to the siege of Namur sales '14' is replaced by '15 ';
10 ° to the siege of Charleroi the number "36" is replaced by "37".
11 ° to the siege of Mons the figure of '22' is replaced by "23".
S. 15. pending the fixing frames and linguistic frameworks on the basis of the measurement of the workload of the records in the respective languages by means of a uniform registration system, three substitutes for the Crown attorneys are named in excess to the Court of first instance of Brussels, two of which belong to the francophone framework and a Dutch-speaking framework.
S. 16. in the table in article 1 of the law of 2 July 1975 determining the framework of personnel of the courts of first instance, as amended, as last amended by the Act of June 8, 2008, the following changes are made to the "Clerks" column: 1 ° at the siege of Antwerp the "65" figure is replaced by «66 ";
2 ° at the siege of Hasselt sales '19' is replaced by '20 '.
3 ° at the Leuven Headquarters sales '20' is replaced by '21 ';
4 ° to the seat of Nivelles the number "17" is replaced by "18";
5 ° at the headquarters of Ghent the figure "40" is replaced by the figure '41 ';
6 ° to the siege of Bruges the figure '27' is replaced by the figure '28 ';
7 ° to the siege of Liège the number "49" is replaced by the figure '50 '.
8 ° to the seat of Arlon the figure '7' is replaced by the figure '8 ';
9 ° to the siege of Namur the number "16" is replaced by "17."
10 ° to the siege of Charleroi the number "39" is replaced by the figure "40".
S. 17. pending fixing of executives and linguistic frameworks on the basis of the measurement of the workload of the records in the respective languages by means of a uniform registration system, two clerks are appointed in excess to the Court of first instance of Brussels which one belongs to the French framework and a Dutch-speaking framework.
CHAPTER 4. -Amendments to the law of April 3, 1953 of judicial organization art. 18. in the table in article 1 of the Act of April 3, 1953, of judicial organization, replaced by the law of 20 July 1998 and as amended by the law of March 12, 2007, the number '12' contained in the column 'General prosecutors' next to the headquarters of Brussels, is replaced by the figure "14".
S.
19. in table 'Number of substitutes for the Prosecutor specialized in tax matters in the courts of first instance' annexed to the Act, replaced by the law of 20 July 1998, the following changes are made in column "number of substitutes for the Prosecutor specialized in matters

"tax (included in the number of the Crown of the King)": 1 ° at the siege of Antwerp the digit '3' is replaced by '4 '.
2 ° at Brussels headquarters the digit '4' is replaced by '5 '.
3 ° to the siege of Ghent the digit '3' is replaced by '4 '.
4 ° to the siege of Liège the digit '3' is replaced by '4 '.
5 ° to the siege of Mons the digit '3' is replaced by '4 '.
CHAPTER 5. -Changes of Code judiciary art. 20. sections 282 and 283 of the Judicial Code, restored by Act of April 25, 2007, are repealed.
S. 21. in article 287 of the Code replaced by Act of April 25, 2007, paragraphs 1, 2 and 4 are repealed.
S. 22. article 287bis of the Code, replaced by the Act of April 25, 2007, is replaced by the following: «art.» 287bis. shall apply to staff members bearing the rank of Registrar and Secretary, the provisions applicable to members of staff at levels B, C and D referred to in article 177, paragraph 2, as regards the procedures for classifying families of functions. ».
S. 23. in the same Code, it is inserted an article 294bis as follows: «art.» 294bis. when legal or regulatory provisions rely on judges to hold a position referred to in article 294, paragraph 2, should be heard by magistrate the magistrate in function, the magistrate allowed to retire to the age of retirement, as referred to in article 383, § 1, and the former magistrate who was granted resignation and further authorized to bear the honorary title of his duties. ».
S. 24. article 287sexies of the same Code, inserted by the Act of April 25, 2007, is supplemented by a paragraph worded as follows: ' by way of derogation from paragraph 1, the call for applicants to the Moniteur belge can mention that nominations for the vacant positions of judicial personnel can be introduced by ordinary letter or in any other form.» The call can also, taking into account the classification, set the maximum number of participants to the complementary test. ».
CHAPTER 6. -Amendments to the law of January 31, 2007, on the Court and on training the judicial training Institute art. 25. in article 38, paragraph 2, of the Act of 31 January 2007 on training judicial and on establishment of the Institute for training judicial, as amended by the law of December 22, 2009 and 23 February 2012, "for the three fiscal years following' shall be replaced by the words"for the four fiscal years that follow.
S. 26. in article 38, paragraph 2, of the Act, as amended by the laws of the December 22, 2009, February 23, 2012 and the Act of 27 December 2012 on various provisions on justice, "for the four fiscal years that follow" shall be replaced by the words "for the five fiscal years that follow.
S. 27. article 25 is effective January 1, 2012.
Article 26 comes into force January 1, 2013.
CHAPTER 7. -Amendment of the law of 25 April 2007 amending the Judicial Code, including provisions relating to judicial personnel of level A, clerks and Secretaries as well as provisions relating to judicial organization art. 28. in article 172 of the Act of April 25, 2007, amending the Judicial Code, particular provisions concerning judicial level, clerks and Secretaries as well as provisions relating to judicial organization, § 4 is repealed.
CHAPTER 8. -Amendment of the law of 17 May 2006 establishing courts for the enforcement of sentences and the Act of 17 May 2006 relating to the legal status external persons sentenced to deprivation of liberty and the rights of the victim in the context of the implementing of sentencing s. 29. in article 51 of the Act of 17 May 2006 establishing the courts for the enforcement of sentences, amended by laws of 21 December 2007, 24 July 2008 and 3 August 2012, the words "and no later than September 1, 2013" shall be replaced by the words 'and no later than September 1, 2015'.
S. 30. in article 109 of the law of 17 May 2006 relating to the external legal status of persons sentenced to deprivation of liberty and rights to the victim under the modalities of execution of the sentence, amended by the laws of the December 21, 2007, July 24, 2008 and August 3, 2012, the words 'and no later than September 1, 2013' are replaced by the words "and no later than September 1, 2015.
CHAPTER 9. -Modification of the internment of individuals with one act of April 21, 2007 disorder mental art. 31. in article 157, the internment of people with a mental disorder Act of April 21, 2007, amended by the acts of 24 July 2008 and December 28, 2011, the words "and no later than 1 January 2013" shall be replaced by the words 'and no later than 1 January 2015'.
S.
32. This chapter enter into force January 1, 2013.
CHAPTER 10.
-Amendment of the law of 13 June 2006 amending the legislation on the protection of youth and support for minors who have committed an act classified as crime section 33. in article 65, paragraph 1, of the Act of 13 June 2006 amending the legislation on the protection of youth and the support of minors who have committed an act classified as offence, amended by the law of July 24, 2008 various provisions (II), and the law of December 29, 2010 various provisions (II) , the words "1 January 2013" are replaced by the words "January 1, 2014.
S. 34. This chapter enter into force January 1, 2013.
CHAPTER 11. -Amendment of the law of 5 August 2006 amending certain provisions of the Judicial Code for the procedure by electronic arts.
35. article 16 of the law of 5 August 2006 amending certain provisions of the Code of judicial procedure for the procedure by electronic means, replaced by the law of July 24, 2008 various provisions (II) and amended by the law of December 29, 2010 various provisions (II), is replaced by the following: «art.» 16. articles 2 and 3 come into force on January 1, 2013.
Articles 4 to 15 come into force on January 1, 2015.
The King may set a date of entry into force earlier than that referred to in paragraph 2 for each of these provisions. ».
S. 36. This chapter enter into force January 1, 2013.
CHAPTER 12. -Amendments to the law of July 19, 2012, on the reform of the legal district of Brussels s. 37. in article 61 of the law of July 19, 2012 on reform of the legal district of Brussels, paragraph 3 shall be supplemented by the words "and article 31 shall enter into force on September 1, 2013".
S. 38 in article 63, paragraph 2, of the Act, the following amendments are made: 1 ° in clause 10, "within three months" shall be replaced by the words "in the seven months" and paragraph is completed with the following sentence: 'Priority is more of office given to those who made the request no later than November 22, 2012.';
2 ° paragraph 11 is supplemented by the following sentence: 'the Crown of the King of Supplement to the francophone linguistic role designated to perform their duties to the public prosecutor of the Prosecutor of the Court of first instance of Brussels King are appointed ex officio to this prosecution, where appropriate, in excess, without application of article 287sexies of the Judicial Code and without benefit of oath.';
3 ° in paragraph 12, "within three months" shall be replaced by the words "in the seven months" and paragraph is completed with the following sentence: "Priority is more of office given to those who made the request no later than November 22, 2012.".
S. 39. in the Dutch text of article 64, § 4, of the Act, the words "tot griffier" are repealed.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Châteauneuf-de-Grasse, given December 31, 2012.
ALBERT by the King: for the Minister of Justice, absent: the Deputy Prime Minister and Minister of Pensions, A. DE CROO sealed with the seal of the State: to the Minister of Justice, absent: the Deputy Prime Minister and Minister of Pensions, A. DE CROO _ Note (1) Session 2012 - 2013.
House of representatives: Documents. -Bill, 53-2572/001. -Amendments 53-2572/002. -Report, 53-2572/003. -Text adopted by the commission (article 77 of the Constitution), 53-2572/004. -Text adopted by the commission (article 78 of the Constitution), 53-2572/005. -Text adopted in plenary meeting and transmitted to the Senate (art. 77 of the Constitution), 53-2572/006.
Compte rendu intégral. -19 and December 20, 2012.
Senate: Documents. -Draft transmitted by the House of representatives, 5-1903 - No. 1. -Report 5-1903 - No. 2. -Text adopted at the plenary and subject to Royal assent, 5-1903 - No. 3.
Annals of the Senate: December 21, 2012